SC to examine states’ power to create sub-class
The top court is examining questions whether sub-classification inside the SC and ST categories be permitted like in the case of OBCs
Supreme Court Of India (PTI)
NEW DELHI: The Supreme Court on Tuesday said it will examine the validity of its 2004 judgement holding that states do not have the power to further sub-classify the scheduled castes and scheduled tribes for grant of quotas.
A seven-judge Constitution bench headed by Chief Justice DY Chandrachud made clear that it will not get into the arguments related to the quantifiable data which led the Punjab government to provide for a 50 per cent quota inside the quota.
The bench was hearing 23 petitions challenging the 2010 verdict of the Punjab and Haryana High Court. The High Court had struck down Section 4(5) of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006, which provided 50 per cent quota and the first preference to ‘Valmikis’ and ‘Mazhabi Sikhs’ castes in public jobs within the SC quota.
The court had held the provision as unconstitutional on grounds, including that the provision violated a five-judge Constitution bench judgement of 2004 of the Supreme Court in the case of EV Chinnaiah vs. State of Andhra Pradesh that held that any ‘sub-classification’ of the scheduled castes would violate Article 14 (right to equality).
The 2004 verdict stated that only Parliament can exclude castes deemed to be SC from the Presidential List under Article 341 of the Constitution.
The top court is examining questions whether sub-classification inside the SC and ST categories be permitted like in the case of OBCs and if the State Assemblies are competent to introduce laws empowering the states to undertake this exercise.
